A little more complicated. Assuming the house was held by your grandparents as husband and wife, you need to make an estate for the second to die, and then have your mother be conveyed the house as next of kin. If she has siblings, they need to sign off.
My living trust has a section covering the distribution of my daughter's trust share upon her death. It says that her share will be distributed in equal shares to each of the "Living Descendants of My Daughter". My daughter has 4 children (my grandchildren). The trust document has a... Read more »
She is listed as 1 of the 5 to receive money. Its her 2 brothers and 2 of her sisters kids because their mom died. Would i get what my mother was being left? I am the only child she had. The woman said she would check because of a form that has to be filled out. My mom's sister is deceased and... Read more »
Whether your mother is a distributee of the uncle's will depends upon how the uncle's will reads. It's common for Wills to include alternate provisions for named heirs who predecease the testator, and your great-uncle's will may well redirect the bequest to your mother when she...Read more »
If you believe you are an Heir, then move to intervene in the Partition Suit immediately. Apparently the Plaintiff does not think you are one of the Heirs so he did not sue you. Be prepared to prove you are actually an Heir under the Intestacy Statute.
Sorry to hear about your mothers passing. If she had a trust created then she can typically bypass the probate process. Verify that the trust has been funded properly and properly executed. Oftentimes, trusts will be drafted together with a pourover will. So you can probate that pourover will...Read more »
I am a beneficiary of my mom's trust along with my siblings. My mom's estate is in Maryland. Am I entitled to know the value of each account, investment, stock, property (each asset that will be liquidated), and either the dollar amount or percent given to each beneficiary?
What would happen to a house in only my name or my life insurance in this case if something should happen to me? How can I revoke this Will simply now that I am married and many things have since changed with my estate executor listed in the Will?
What if I pass before I have a chance to... Read more »
More information would be needed to properly answer your questions, but generally a new will which you should have since you did get married would invalidate your old will and be the controlling document. I suggest you setup a consultation with a lawyer to discuss this as the lawyer will need to...Read more »
An Alabama attorney could advise best, but your question remains open for two weeks. I'm sorry for the loss of your husband and the concealment of the terms of the policy. This is posted under Bad Faith, but attorneys who practice in the Probate and Estate Planning categories might be a better...Read more »
There is not enough information in your question to give you a definite answer, but if the total estate is not large enough to pay 100% of the specific bequests to you and your siblings and the charities, then yes you can receive less than 100% of the specific bequest. However, typically all of...Read more »
A natural person cannot be an advance healthcare directive because that is a legal document and people are not legal documents, but a natural person could serve as the person appointed as health care agent under an advance healthcare directive or medical power of attorney. The same person serving...Read more »
The home remodeling.just in the last few years my mother had moved out the home to stay with my only brother ln his house then she passes and no will witch it was decided verbally that he would get money that she left and I get the home then he passed away and now my nephew is filling for executive... Read more »
I am sorry for your loss. In Oregon when someone dies without a Will their intestate heirs have priority to be appointed as their Personal Representative (Executor). Your nephew would likely not have priority so if you wish to be in charge of your mother's probate I recommend you hire an...Read more »
Since your brother did not leave a will, his daughter is his only heir. The clothes are of little monetary value, but it is up to the administrator of his estate to decide how to pay any remaining debts of the estate. You should have a quick consultation with a probate lawyer to determine what to...Read more »
My mothers will made my step father the executor and then it was to be split equally between me and my step sister. After she died he changed the will without my knowledge and totally left me out giving it all to my step sister...not honoring her wishes
Absolutely NOT. Only your mother had the power to change her will. There's no such thing as a will being changed by someone else. You should definitely get a probate attorney to represent you, because your stepfather is up to some shenanigans if he thinks he can change a will after your...Read more »
She was married for 4 years but at here job for 17 years 13 years is separate property and the other 4 was community but during the last year she accumulated medical bills so I’m trying to see if her husband would have to pay from his community property or it would come out both community and... Read more »
Up to $15,000 of funeral expenses and up to an additional $15,000 of medical expenses associated with your mom’s final illness must be paid out of your mom’s estate as a priority claim before any other debts or expenses are paid.
If you paid funeral expenses out of pocket, you need to...Read more »
The terms of the trust itself will address the division of the property and the Trustee is the individual or entity in charge of carrying out those wishes. Those facts will address how the situation may be resolved.
However, you may want to consider some form of alternative dispute...Read more »
Your question does not provide enough information for anyone to provide an answer. For example, we do not know if your husband is still alive or deceased. Either way, however, we also cannot see the precise language by which those bequests were made. The precise wording matters. For example, if...Read more »
I need to put a beneficiary for my 457 and pension plan. My son is only 7. My dad is in his 60's and got remarried a few years ago. I want to know if I should use my son as the beneficiary or my father. I would want my son to have everything of mine, but since he's a minor I want to make... Read more »
I would encourage you to speak with a Florida Estate Planning Attorney and consider possibly creating a Revocable Trust, the options you have mentioned are problematic because of your dad's second marriage and because your son is so young. If anything happened to you it is likely that your...Read more »
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